SCHEDULE
THE GENERAL MEDICAL COUNCIL (VOLUNTARY ERASURE AND RESTORATION FOLLOWING VOLUNTARY ERASURE) REGULATIONS 2003
The General Medical Council, in exercise of their powers under section 31A of the Medical Act 19834and of all other powers enabling them in that behalf, hereby make the following Regulations:—
1. Citation, commencement and interpretation
(1) These Regulations may be cited as the General Medical Council (Voluntary Erasure and Restoration following Voluntary Erasure) Regulations 2003 and shall come into force on 1st July 2003.
(2) In these Regulations—
“the Act” means the Medical Act 1983;
“the Conduct Rules” means the General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 19885;
“doctor” means a registered medical practitioner;
“the Fees Regulations” means the Medical Practitioners (Fees) Regulations 19856;
“health screener” means a person appointed under rule 5(2) or (3) of the General Medical Council Health Committee (Procedure) Rules 19877to undertake the initial consideration of cases under Part II of those Rules;
“lay person” means a person who is neither fully registered under the Act nor a holder of any qualification registrable under the Act;
“professional conduct screeners” means one doctor and one lay person appointed by the General Medical Council under rule 4 of the Conduct Rules to undertake the initial consideration of cases under Part II of those Rules;
“professional performance screeners” means one doctor and one lay screener appointed as screeners under rule 3 of the General Medical Council (Professional Performance) Rules 19978; and
“the register” means the register of medical practitioners maintained in accordance with section 2(1) of the Act.
2. Voluntary erasure of doctor’s name from the register
(1) Any doctor may apply to the Registrar in accordance with this regulation for his name to be erased from the register, referred to hereafter as an application for voluntary erasure.
(2) Subject to paragraph (3), an application for voluntary erasure shall be made by a doctor in writing and shall include the following—
(a)
(a) the doctor’s name and his registration number;
(b)
(b) an address to which the Registrar is to send to the doctor all written communications relating to the application;
(c)
(c) a statement complying with paragraph (4) made and signed by the doctor;
(d)
(d) the name and address of his principal current employer, if any, or any body or organisation to which he is contracted to provide medical services or, if he is not currently employed or contracted, the name and address of his principal last employer or the body or organisation to which he was most recently contracted to provide medical services (disregarding any person for whom he works or worked otherwise than in a medical capacity);
(e)
(e) a statement complying with paragraph (4) made by the person named in accordance with sub-paragraph (d) and signed by that person or by a director or officer of that person; and
(f)
(f) a statement complying with paragraph (4) made by an officer of any regulatory body in the United Kingdom other than the General Medical Council which is responsible for the regulation of a health or social care profession and with which the applicant is currently registered or has been registered in the previous 5 years,
and an application may be delivered by hand or sent by post to the Registrar.
(3) Sub-paragraphs (d) and (e) of paragraph (2) shall not apply where the applicant states in writing that he has not been employed or contracted to provide medical services at any time during the previous 5 years.
(4) The statements referred to in sub-paragraphs (c), (e) and (f) of paragraph (2) comply with this paragraph if they either—
(a)
(a) state that the person making it is not aware of any proceedings or of any act or omission on the part of the doctor which might render him liable to be referred to the General Medical Council (including any Committee of the Council) in relation to his conduct; or
(b)
(b) give particulars of any proceedings or act or omission which might render the doctor liable to be so referred.
(5) Subject to paragraphs (6) and (7), where an application for voluntary erasure which complies with paragraph (2) is received, the Registrar shall erase the name of the doctor from the register as soon as reasonably practicable.
(6) Where a complaint or information relating to the doctor is made or received which falls within rule 5(1) or 6(1) of the Conduct Rules, and the matter has not yet been finally disposed of, the Registrar shall not erase the doctor’s name from the register under this regulation except in accordance with paragraph (7).
(7) Where paragraph (6) applies, the Registrar shall not erase the doctor’s name unless the erasure is agreed—
(a)
(a) where the case has not been referred to the Preliminary Proceedings Committee or to the Professional Conduct Committee, by the professional conduct screeners;
(b)
(b) where the case has been referred to the Preliminary Proceedings Committee or to the Professional Conduct Committee but has not yet been opened under rule 24 of the Conduct Rules, by the Preliminary Proceedings Committee;
(c)
(c) where the case has been opened under rule 24 of the Conduct Rules, by the Professional Conduct Committee.
(8) The Registrar shall notify the doctor in writing as soon as reasonably practicable that his name has been erased from the register or that the case has been referred to the Preliminary Proceedings Committee or to the Professional Conduct Committee.
(9) If in a case to which paragraph (7) applies erasure is not agreed, the case shall proceed to its conclusion in accordance with the Conduct Rules.
3. Restoration of a person’s name to the register following voluntary erasure
(1) A person whose name has been erased under regulation 2 may apply to the Registrar in accordance with this regulation for his name to be restored to the register.
(2) An application under this regulation shall be made in writing and shall include the following—
(a)
(a) the applicant’s name and his previous registration number;
(b)
(b) his medical qualifications which he would be entitled to...
